TERMS OF SERVICES (TOS)
This GPERA Terms of Services Agreement (the “Agreement” or “Terms of Service”) is made between GPERA (“GPERA,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). GPERA provides video sharing and open network platform services through our owned-and-operated websites, applications, and embedded video players (collectively, the “Services”). This Agreement governs your use of our Services.
By creating an account, viewing videos, making a purchase, downloading our software,or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream videos that you have the right to view;
- Upload, store, and/or live stream videos,
- Embed our embedded video player on third-party websites; and
- Use all related functionality that we may provide.
Transactions: We may offer digital contents and/or services for subscription and/or goods for sale.
Monetization: We may allow you to sell digital contents and/or earn money through advertising.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. You consent to receive notices from GPERA at this email address.
Age Requirements: You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the GPERA service. Minors may only use the service under the supervision of an adult.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access to our services.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer and/or web-based that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
We offer free membership that allow you to upload and share video content.
We also offer Premium membership subscribing to weekly or monthly to watch movies, live streaming posting and paid video content.
5. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with our Community Guidelines and Acceptable Use Policy set forth in this Section 5. GPERA may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. GPERA may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send email at [email protected] to inform GPERA with the supporting documentations for a takedown contents notice as stated in our Community Guideline if they believe GPERA is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction; or
- Violates any applicable law.
Please see the GPERA Guidelines for guidance on how we interpret these terms.
5.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
5.5 Restricted Users
5.6 Accessibility and Ratings
We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.
6. Licenses Granted by You
As between you and GPERA, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow GPERA to host and stream your content, you grant GPERA the
permissions set forth below.
6.1 Your Video Content
By submitting a video, you grant GPERA permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Distribute the video via our APIs;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to GPERA and ends when you or GPERA delete it; provided that GPERA may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when GPERA in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant GPERA permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the
public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
6.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant GPERA a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to GPERA on improving or products or services, GPERA may use your suggestions without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to GPERA; rather, any breach of a term by GPERA hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through GPERA, you represent and warrant that:
- You have the right to submit the content to GPERA and grant the licenses herein;
- GPERA will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless GPERA and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.7.2 Indemnification
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us.
8. Term and Termination
If you breach this Agreement, GPERA may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If GPERA deletes your
account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9(Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
9 Third-Party Content, Advertisements and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content. If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Gpera and the rules for your promotion must require each entrant or participant to release Gpera from any liability related to the promotion..
10. Things You Cannot Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the User Content and Conduct Policy, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to [email protected] When accessing or using our Services, you will not:
• Create or submit Content that violates our User Content and Conduct Policy or attempt to circumvent any content-filtering techniques we use;
• Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
• Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
• Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
• Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Gpera;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Intentionally negate any user's actions to delete or edit their Content on the Services; or
• Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
GPERA provide the services on an *as is* and *as available* basis. You use the services AT YOUR OWN RISK. You must provide your own device and Internet access. Except as expressly set forth herein, and to the extent permitted by applicable law, GPERA disclaims all warranties express
or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Among other things, GPERA makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- Concerning any content submitted by our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
12. Limitation of Liability
To the extent permitted by applicable law: (A) GPERA shall not be liable for any indirect, incidental, special, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) GPERA'S TOTAL LIABILITY TO YOU, EXCEPT FOR GPERA’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GPERA OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
13. General Provisions
Choice of Law: This Agreement will be governed by the laws of Malaysia (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Choice of Venue; Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in Kuala Lumpur, Malaysia; you consent to the exclusive jurisdiction of those courts.
Reservation of Rights, Severability, Force Majeure: GPERA reserves all rights not expressly granted herein. GPERA’s rights and remedies are cumulative. No failure or delay by GPERA in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. GPERA will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and GPERA are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by GPERA or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integration with websites operated by others. The website operator, not GPERA, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integration with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of GPERA. If you have a signed agreement with GPERA, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Our Terms of Service have been updated on September 12th 2019.